A. On October 1, 2015, the Defendant filed a lawsuit against the Plaintiff at the Jeju District Court 2015da14555, which rendered a favorable judgment on August 23, 2016, and acquired the enforcement title as follows.

(1) The Defendant (A) pays to the Plaintiff (B) the amount of KRW 150,00,000 and the amount calculated by applying 5% per annum from August 1, 2015 to October 13, 2015, and 15% per annum from the next day to the date of full payment. 2. The costs of lawsuit are assessed against the Defendant (A). 3. Paragraph (1) can be provisionally executed. b.

The Plaintiff filed an appeal against the instant judgment. On December 19, 2016, the appellate court was in progress, the Defendant filed an application for a compulsory auction ( Jeju District Court C) on real estate based on the instant judgment, and received a decision to commence compulsory auction on December 21, 2016. While the procedure for compulsory auction was in progress, the Plaintiff expressed his/her intention to repay the amount of the judgment and withdraw an appeal to the Defendant on March 2017, and the Defendant also received the amount of the judgment, the Plaintiff decided to withdraw the application for auction.

C. However, the Plaintiff failed to pay the instant judgment to the Defendant due to the difference of opinion with the Defendant during the process of paying the instant judgment amounting to KRW 183,390,411, and KRW 1,346,816, a sum of KRW 184,737,227, and withdrawn the appeal on March 14, 2017.

On March 22, 2017, the defendant received the money deposited by the plaintiff and withdrawn the application for a compulsory auction (C) on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence (including paper numbers), entry of Eul 1-2 evidence, the purport of the whole pleadings

2. As to the judgment on the defense of this case, the plaintiff sought non-permission of compulsory execution based on the original copy of the judgment of this case, the defendant asserts that there is no benefit of lawsuit since the plaintiff withdrawn the application for compulsory auction.

In this case, even if the defendant withdrawn the application for compulsory auction, the plaintiff does not extinguish the enforcement force of the judgment of this case.